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Oct 6, 20204 min read

What is #EqualityActJapan?

By: Sneha Bhale


Japan has long struggled with numerous population and demographic issues, whether it be the aging population or the lack of gender equality. But it seems there is a new issue of equality in the population: Japan’s lack of attention towards LGBTQ + people.


Japan was set to host the 2021 Summer Olympic and Paralympic games. However, because Japan does not currently have any national legislation protecting LGBTQ+ people from discrimination, the international community has called for the Olympics to be canceled until a change for LGBTQ+ equality has been made. The Olympics’ intent is to represent unity in diversity and show a bright legacy to the public, and Japan’s ignorance of the discrimination of LGBTQ+ people fails to meet the requirement of the Olympics Agenda 2020 and basic human rights standards.


What is Japan’s record on LGBTQ+ rights?

As one of the most influential countries in the world, Japan has taken a huge leadership role at the United Nations. Japan voted for both the 2011 and 2014 Human Rights Council resolutions that called for the end of violence discrimination based on the basis of sexual orientation and gender.


As of July 2020, 56 municipalities in the country such as Inabe City and Kawasaki City have filed to recognize same-sex relationships and marriage in Japan.


What’s the status of same-sex marriage in Japan?

Because same-sex couples are not recognized by any legislation, they are often denied rights, such as public housing, inheritance, and spousal pension benefit, granted to opposite-sex couples. However, political support for same-sex marriage has increased in Japan in recent years. Politicians close to Prime Minister Shinzo Abe have expressed interest in revising the constitution, which currently requires the “mutual consent of both sexes” to enter into marriage, but there has still been no progress up to date.


Across Japan, 13 couples have filed lawsuits in February 2019 to change and challenge the constitution regarding same-sex marriage. Unfortunately, these cases are still pending at the district courts, and no progress has been made on this front either


What types of discrimination do LGBTQ+ people face?


  • Employment Discrimination: A male-to-female transgender woman was working for a publisher when she was diagnosed with Gender Identity Disorder (GID). In January 2002, she requested that her employer recognize her as a woman. A few months later, she began wearing women’s clothing to the office, and even though this enraged her employer, she continued to dress this way. She was then fired by her employer in April 2002, and the woman subsequently filed a lawsuit. In June 2002, the Tokyo District Court found that the case was unjust. Transgender people face discrimination in employment on the basis of their gender identity and/or gender expression, but many of them do not report incidents of job discrimination because they are afraid of the loss of job or abuse as a result of reporting.

  • Denial of Social Benefits: Since 2004, transgender people have been allowed to change their legal gender, but the procedure for doing so has discriminatory requirements. They are mandated to appeal to a family court, undergo a psychiatric evaluation, and be surgically sterilized. They also must be single and without children younger than 20. Because these requirements prevent many transgender persons to change their gender on the family registry, they face numerous difficulties. For example, they run into issues with housing, since the official documents submitted to rent housing do not accurately reflect their gender identity.

  • Right to Mental Health Treatment: The mental health of gay, bisexual men, and transgender persons are becoming a larger issue. Among gay and bisexual men, 64% have considered committing suicide and 15% have attempted suicide. A study also shows that about 70% of all respondents who are suspected to also have HIV considered committing suicide. In turn, attempted suicide is about 6 times greater among gay and bisexual people and about 10 times more prevalent among transgender people than the general population.

  • Right to Physical Health Treatment: Insensitivity and judgment amongst healthcare personnel including gynecologists alienate lesbian and bisexual women by presuming them to be heterosexual women. This makes it difficult to discuss health problems that may need medical attention, as doing so would reveal their sexual orientation and cause them to face potential homophobia from the doctor. While government projects on HIV/AIDS have focused on gay men, they have failed to recognize the related issues faced by lesbian, bisexual women, and transgender persons.


How does this relate to the Olympics?

The Olympic Charter specifically protects against discrimination based on sexual orientation or another status. The International Olympic Committee and the Japanese government’s decision to postpone the games for a year due to the COVID-19 pandemic gives the entire country the chance to protect LGBTQ+ rights. If the current status of LGBTQ+ rights in Japan doesn’t change, it is unlikely that the Olympics will occur.


The Japanese government has a responsibility to its people to ensure discrimination against LGBTQ+ people ceases to occur in the future. It is their duty to protect all of its citizens’ rights to security, privacy, and freedom of information and expression for all.


Discussion Questions:

  • Will LGBTQ+ rights change under Japan’s next prime minister?

  • Could the Olympics get postponed indefinitely until Japan agrees to protect LGBTQ+ people?

  • What steps can the international community take to best minimize social discrimination in Japan?


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